The person may, in lieu of this requirement, submit by this same deadline a demonstration that a corrective action plan is not required for the site in question under commission rules. 722 (S.B. 1, eff. (d) The executive director with the approval of the commission may contract with any public agency or private persons or other entity for the purpose of implementing this subchapter. Jan. 1, 2002. 1523), Sec. 1.065, eff. The issue on appeal is whether the action or program is invalid, arbitrary, unreasonable, inefficient, or ineffective in its attempt to control water quality. June 7, 1991. (e) The commission may audit a claim for payment as required by this section only: (1) under guidelines adopted by commission rule that relate to conducting an audit under this section and denying a claim as a result of that audit and that are in effect when the audit is conducted; or. (f) Subsection (b) does not apply to a delivery of a petroleum product destined for export from this state if the petroleum product is in continuous movement to a destination outside this state. (e) The nonpoint source water pollution controls of the municipality that had extraterritorial jurisdiction over an area before the area was included in the extraterritorial jurisdiction of another municipality under Section 42.903, Local Government Code, are effective during the 90-day period that the program is pending before the commission or until an amended program satisfactory to the commission is adopted. 601 (S.B. 4097), Sec. Sept. 1, 2003. (2) that are not regulated by the Railroad Commission of Texas. This exemption ABOVEGROUND STORAGE TANKS. Added by Acts 2009, 81st Leg., R.S., Ch. 1351 (H.B. (6) "Waste" means sewage, industrial waste, municipal waste, recreational waste, agricultural waste, or other waste, as defined in this section. The agreement shall be in writing, and the parties may agree: (A) to guarantee continuation of the extraterritorial status of the zone and its immunity from annexation by the municipality for a period not to exceed 15 years after the effective date of the agreement; (B) to authorize certain land uses and development within the zone; (C) to authorize enforcement by the municipality of certain municipal land use and development regulations within the zone, in the same manner such regulations are enforced within the municipality's boundaries, as may be agreed by the landowner and the municipality; (D) to vary any watershed protection regulations; (E) to authorize or restrict the creation of political subdivisions within the zone; and. September 1, 2005. 6901 et seq., as amended. (i) A general permit may be issued for a term not to exceed five years. Sec. Aug. 29, 1977. (d) The committee shall adopt rules defining the conditions that constitute groundwater contamination for purposes of inclusion of cases in the public files and the joint report required by this section. Sec. The commission by rule may require additional notice to be given. 1.096, eff. 333, Sec. 228, Sec. (c) This subsection is not intended to interfere in any way with the operation of Article III, Section 49-d-1, as amended, of the Texas Constitution or the enabling legislation enacted pursuant thereto, and the aforesaid compact shall constitute merely a complementary or supplemental method for providing the state payment solely in instances that it is deemed necessary or advisable by the board. 428 (S.B. 294, Sec. Amended by Acts 1977, 65th Leg., p. 1645, ch. 315, Sec. LEGISLATIVE FINDINGS. The Texas Department of Health shall continue to apply the authority vested in it by Chapter 341, Health and Safety Code, in the abatement of nuisances resulting from pollution not otherwise covered by this chapter. 165, Sec. (a) Except as provided by Subsection (b), the commission shall consider and process a claim by an eligible owner or operator for reimbursement from the petroleum storage tank remediation account in the order in which it is received. Sept. 1, 2003. 17, eff. (C) designed to contain an accumulation of petroleum. After notice and comment as provided by Subsections (b)-(d), a general permit may be amended, revoked, or canceled by the commission or renewed by the commission for an additional term or terms not to exceed five years each. The only pit absolutely prohibited by the rule is a pit used for the storage of oil. (6) any other action reasonably necessary to protect the public health and safety or the environment from harm or threatened harm due to releases of regulated substances from underground or aboveground storage tanks. 1, eff. 21, eff. PETROLEUM STORAGE TANK REMEDIATION ACCOUNT. 795, Sec. 2, eff. Sept. 1, 2001. (d) Each inspection made under this section must be begun and completed with reasonable promptness. 2, eff. 26.3511. Acts 2007, 80th Leg., R.S., Ch. If any member, employee, commission contractor, or agent is refused the right to enter in or on public or private property under this authority, the executive director may invoke the remedies authorized in Section 26.123 of this code. Sept. 1, 2001. (b) Notice of the hearing shall be given to the local governments which in the judgment of the commission may be affected. Sec. (A) any one or combination of aboveground storage tanks that contain petroleum products and that are regulated by the commission; or. (2) Nothing in this subchapter shall require the state-designated on-scene coordinator to defer to federal authority, unless preempted by federal law, if remedial action is unduly delayed or is ineffective. If water Various divisions of the agency address many of the groundwater protection issues related to pesticides. The commission is authorized to issue orders and make determinations necessary to effectuate the purposes of this chapter. filling your pond water is diverted from a watercourse, you are taking state owned 1987), Sec. 228, Sec. Statewide Links: Texas.gov Sec. Sec. 26.085. (b) The commission shall require a responsible party to obtain a general permit under Section 26.040 for any quarry that is located in a water quality protection area and located a distance of more than one mile from any water body. 21.079 and amended by Acts 1977, 65th Leg., p. 2207, ch. (3) promote the safety of storage vessels as defined in Section 26.3442, by adopting requirements for the design, construction, operation, and maintenance of storage vessels, with the objective of protecting groundwater and surface water resources in the event of accidents and natural disasters. Added by Acts of 1987, 70th Leg., ch. September 1, 2019. (c) No person may cause, suffer, allow, or permit the discharge of any waste or the performance of any activity in violation of this chapter or of any permit or order of the commission. 795, Sec. LIMITED LIABILITY FOR AQUATIC HERBICIDE APPLICATION. 26.0461. September 1, 2011. 1, eff. June 15, 2007. (j) Each supplier or the supplier's representative and each person covered by Subsection (d) shall prepare the report required under Subsection (i) on a form provided or approved by the comptroller. (e) The commission by rule shall establish effluent or other water quality requirements, including requirements for financial responsibility, adequate to protect the water resources in a water quality protection area for inclusion in any authorization, including an individual or general permit, issued under this section by the commission. Sept. 1, 2003. September 1, 2005. Sec. Aug. 28, 1989. May 31, 1989. Sept. 1, 1977; Acts 1985, 69th Leg., ch. (b) Each owner and operator of an underground storage tank or petroleum storage tank at a site to which this section applies and from which a release or threatened release occurs is responsible for taking all corrective action at the site which may be required under this subchapter; provided that liability for the expenses of corrective action among owners and operators may be apportioned as provided by this section. 1987), Sec. (c) The standards adopted by the commission under Subsection (b) must assure that the use of graywater is not a nuisance and does not damage the quality of surface water and groundwater in this state. (d) The individual or individuals holding a hearing under the authority of this section shall report the hearing in the manner prescribed by the commission. Sec. Sept. 1, 1989. If the commission approves the settlement, the parties shall be liable for the expenses of taking corrective action in accordance with the approved settlement. They are Figure 13.4-2. 1242 (H.B. (h) For the purposes of Subsection (c), the commission may act on the application without holding a public hearing if all of the following conditions are met: (1) not less than 30 days before the date of action on the application by the commission, the applicant has published the commission's notice of the application at least once in a newspaper regularly published or circulated within each county where the proposed facility or discharge is located and in each county affected by the discharge; (2) not less than 30 days before the date of action on the application by the commission, the applicant has served or mailed the commission's notice of the application to persons who in the judgment of the commission may be affected, including the county judges as required by Subsection (b). official website and that any information you provide is encrypted (e) In considering an applicant's compliance history under Subsection (d)(4), the commission shall consider as evidence of compliance information regarding the applicant's implementation of an environmental management system at the facility for which the permit, permit amendment, or permit renewal is sought. 1, eff. The EPA specifies under 40 CFR 264.193 (b) that secondary containment systems are required to prevent any migration of wastes or accumulated liquid out of the system to the soil, ground water or surface water during the use of the tank system. (3) "Historical waste application field" means an area of land that at any time since January 1, 1995, has been owned or controlled by an operator of a concentrated animal feeding operation on which agricultural waste from a concentrated animal feeding operation has been applied. Amended by Acts 1985, 69th Leg., ch. 10, eff. Sec. 1135, Sec. (c) The commission by rule may prescribe special conditions, consistent with the objective of formulating an overall plan for remediation of an entire contaminated site, for designating as an eligible owner: (1) a person described by Subsection (b)(1)(B) of this section who owns land contaminated by a release of petroleum products from a tank that was or is located on property the person does not own; or. Care must be taken when considering a water source. (1) "Concentrated animal feeding operation" means a concentrated, confined livestock or poultry facility that is operated for meat, milk, or egg production or for growing, stabling, or housing livestock or poultry in pens or houses, in which livestock or poultry are fed at the place of confinement and crop or forage growth or feed is not produced in the confinement area. art. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1991. POWERS AND DUTIES OF COMMITTEE. NOTICE OF GROUNDWATER CONTAMINATION. (d) A person who imports a petroleum product in a cargo tank or a barge destined for delivery into an underground or aboveground storage tank, regardless of whether or not the tank is exempt from regulation under Section 26.344, other than a storage tank connected to or part of a bulk facility in this state, shall pay to the comptroller a fee on the number of gallons imported, computed as provided by Subsections (b) and (c). (f) The commission shall enforce this section and may impose administrative and civil penalties on the owners or operators of underground storage tanks if acceptable evidence of financial responsibility is not maintained. It is often called the stock tank exemption. 3, eff. The balance of the fees, penalties, and interest collected by the comptroller shall be deposited in the state treasury to the credit of the petroleum storage tank remediation account. 1707), Sec. (d) Subsections (b) and (c) of this section do not restrict the application of commission rules that regulate concentrated animal feeding operations for the purpose of protecting water quality and that are not in conflict with those subsections. Sec. 553, Sec. (4) a person who owns or operates fewer than 13 single petroleum storage tanks, the first $8,000. Aug. 26, 1991. (e) If the parties cannot reach a settlement by the 30th day after the commission issues its order, the commission shall file suit in the district court of Travis County. 228, Sec. 533, Sec. 1, eff. Sept. 1, 1995. (d) If the commission uses money from the petroleum storage tank remediation account for corrective action or enforcement and if the costs are recovered under this section, the commission may not recover more than the amount of the applicable owner or operator contribution described by Section 26.3512 of this code from an eligible owner or operator for corrective action for each occurrence. Amended by Acts 1987, 70th Leg., ch. (c) A geoscientist licensed under this section is not subject to the commission's examination or continuing education requirements, fees, or disciplinary proceedings. 244, eff. subsection of 11.142 is more lenient allowing landowners in an unincorporated area to construct on their property a pond (a) In administering the program implemented under Section 26.364(a), the commission, on the request of a geoscientist licensed by the Texas Board of Professional Geoscientists, or an equivalent entity that licenses geoscientists, shall register the geoscientist in the program. 965, Sec. DISPOSAL OF BOAT SEWAGE. 26.022. and transmitted securely. The commission may issue a temporary or emergency order relating to the discharge of waste or pollutants under Section 5.509. Sec. (f) The executive director shall charge and collect a fee imposed under this section and shall record the time at which the fee is due and render an account to the person charged with the fee. Sec. 2445), Sec. 43, eff. For the purposes of this subsection, a land application area is not considered a control or retention facility. (b) The commission shall establish a procedure by which, in response to a written request, a person or organization will be sent a copy of an inspection, investigation, or compliance report for a specified facility or system or for facilities or systems in a specified area or, on a regular basis, a copy of the information released under Subsection (a) of this section. 579 (S.B. Sec. Sept. 1, 2001. Sept. 1, 1977. The site is secure. 18.01, eff. 8, eff. Added by Acts 2001, 77th Leg., ch. 333, Sec. DEFINITIONS. Sept. 1, 2001. If the commission elects to issue a general permit under this section, the commission must comply with the requirements of Section 26.040. Acts 2019, 86th Leg., R.S., Ch. Sec. For purposes of this subsection, a petroleum product ceases to be in continuous movement to a destination outside this state if the product is delivered to a destination in this state. (b) The commission shall process an application for authorization to construct or operate a concentrated animal feeding operation as a specific permit under Section 26.028 subject to the procedures provided by Subchapter M, Chapter 5, if, on the date the commission determines that the application is administratively complete, any part of a pen, lot, pond, or other type of control or retention facility or structure of the concentrated animal feeding operation is located or proposed to be located within the protection zone of a sole-source surface drinking water supply. 228, Sec. Sec. Sec. 3, Sec. (f) Where the owner or operator can prove by a preponderance of the evidence that liability for the expenses of taking corrective action in response to a release or threatened release is divisible, that person shall be liable for the expenses only to the extent that the impact to the groundwater, surface water, or subsurface soils is attributable to the release or threatened release from his underground storage tank or petroleum storage tank. ADMINISTRATION. Amended by Acts 1987, 70th Leg., ch. Sec. 870, Sec. 2694), Sec. (1) the executive director of the commission; (2) the executive administrator of the Texas Water Development Board; (3) the executive director of the Railroad Commission of Texas; (4) the commissioner of health of the Texas Department of Health; (5) the deputy commissioner of the Department of Agriculture; (6) the executive director of the State Soil and Water Conservation Board; (7) the Director of the Texas Agricultural Experiment Station; (8) the director of the Bureau of Economic Geology of The University of Texas at Austin; (9) a representative selected by the Texas Alliance of Groundwater Districts; and. The response is available to the public and shall be mailed to each person who made a comment. 1239, Sec. (c) The model standards shall include the following elements: (1) a requirement that grease be completely removed from grease traps on a regular basis; (2) a minimum schedule for cleaning of grease traps by a grease trap operator that is sufficient to prevent blockages in the collection system resulting from grease; (3) an opportunity to receive an exception from the cleaning schedule; (4) a requirement that new commercial and industrial facilities properly install and use grease traps; (5) a requirement that, at a commercial or industrial facility where a grease trap has previously been installed, a grease trap be properly used; (6) a requirement that alternative treatment methods be supported by scientific data determined by the commission to show that the method will prevent blockages in the collection system caused by grease and will not affect the performance of the system's treatment plant; Acts 2003, 78th Leg., ch.

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